UNITED
NATIONS
E
Economic and Social
Council
Distr.
GENERAL
ECE/TRANS/ SC.1/2006/2
9 August 2006
ENGLISH
Original: ENGLISH AND FRENCH
ECONOMIC COMMISSION FOR EUROPE
INLAND TRANSPORT COMMITTEE
Working Party on Road Transport
One hundredth session
Geneva, 17-19 October 2006
Item 4 of the provisional agenda
HARMONIZATION OF REQUIREMENTS CONCERNING INTERNATIONAL ROAD
TRANSPORT AND FACILITATION OF ITS OPERATION
Consolidated text of the European Agreement Concerning the Work of Crews of Vehicles
Engaged in International Road Transport (AETR)
INTRODUCTION
In order to facilitate the understanding and reading of the European Agreement
Concerning the Work of Crews of Vehicles Engaged in International Road Transport (AETR),
done on 1 July 1970, the secretariat has prepared a consolidated version of the Agreement in
which the relevant amendments adopted since its origin have been incorporated. No legal value
should be attached to this consolidated version.
The consolidated text comprises the original Agreement (E/ECE/811; E/ECE/TRANS/564),
amendments 1-4 (E/ECE/811; E/ECE/TRANS/564/Amend. 1-4 which entered into force respectively
on 3 August 1983, 24 April 1992, 28 February 1995 and 27 February 2004) as well as the fifth and
latest amendment, which entered into force on 16 June 2006 and is published under the symbol
TRANS/SC.1/375/Add.1. This consolidated version is preceded by a non-official table of contents
prepared by the secretariat to facilitate searches in the document.
CONTENT
page
7
Body of the AETR
Article 1
Definitions
7
Article 2
Scope
9
Article 3
Application of some provisions of the Agreement
to road transport performed by vehicles registered
in the territories of non-Contracting States
10
Article 4
General principles
10
Article 5
Crews
10
Article 6
Driving periods
11
Article 7
Breaks
12
Article 8
Rest periods
12
Article 9
Exceptions
13
Article 10
Control device
13
Article 11
Supervision by the undertaking
14
Article 12
Measures of enforcement of the Agreement
14
Article 13
Transitional provisions
16
Article 14
Final provisions
17
Article 15
(Denunciation of the Agreement) ∗
17
Article 16
(Termination)
17
Article 17
(Declaration concerning the application to territories)
17
Article 18
(Dispute)
18
Article 19
(Reservations)
18
Article 20
(Convocation of a diplomatic conference)
19
Article 21
(Amendment of the Agreement and the Annex)
19
Article 22
(Amendment of Appendixes 1 and 2)
21
Article 22 bis Procedure for the amendment of Appendix 1B
21
Article 23
(Notification to States)
22
Article 24
(Protocol of signature)
23
Article 25
(Depositary)
23
Annex to the Agreement
Control device
Type approval (articles 1 to 8)
Chapter 1
Chapter 2
Installation and inspection (article 9)
∗ Titles between brackets do not have an official character.
3
24
24
26
Use of equipment (articles 10 to 14)
27
34
Chapter 1
Requirements for construction, testing,
installation and inspection
Definitions
34
Chapter II
General characteristics and functions of control device
34
Chapter III
35
Construction requirements for control device
Chapter 3
Appendix 1
A.
B.
C.
D.
E.
F.
General points
Visual instruments
Recording instruments
Closing device
Markings
Maximum tolerances (visual and
recording instruments)
Record sheets
A.
General points
B.
Recording areas and their graduation
C.
Information to be printed on the record sheets
D.
Free space for handwritten insertions
Chapter IV
35
37
38
40
40
41
42
42
43
43
43
Chapter V
Installation of control device
A.
General points
B.
Sealing
44
44
44
Chapter VI
Checks and inspections
45
47
Article 1
Requirements for the construction, testing,
installation and inspection of the digital
control device used in road transport
Preamble
47
Article 2
Introductory provisions to Appendix 1B
47
Approval marks and certificates
I.
Approval mark
II. Approval certificate for products in
accordance with Appendix 1
III. Approval certificate for products
in accordance with Appendix 1B
50
50
52
Appendix 1B
Appendix 2
53
56
Protocol of signature
4
NATIONS UNIES
UNITED NATIONS
ECONOMIC COMMISSION FOR EUROPE
INLAND TRANSPORT COMMITTEE
EUROPEAN AGREEMENT CONCERNING THE WORK OF CREWS OF VEHICLES
ENGAGED IN INTERNATIONAL ROAD TRANSPORT
(AETR)
AND PROTOCOL OF SIGNATURE
done at Geneva on 1 July 1970
5
EUROPEAN AGREEMENT CONCERNING THE WORK OF CREWS OF
VEHICLES ENGAGED IN INTERNATIONAL ROAD TRANSPORT (AETR)
The Contracting Parties,
Being desirous of promoting the development and improvement of the international transport
of passengers and goods by road,
Convinced of the need to increase the safety of road traffic, to make regulations governing
certain conditions of employment in international road transport in accordance with the principles of
the International Labour Organisation, and jointly to adopt certain measures to ensure the
observance of those regulations,
Have agreed as follows:
Article 1
Definitions
For the purposes of this Agreement:
(a)
vehicles;
“vehicle” means any motor vehicle or trailer; this term includes any combination of
(b)
“motor vehicle” means any self-propelled road vehicle which is normally used for
carrying persons or goods by road or for drawing, on the road, vehicles used for the carriage of
persons or goods; this term does not include agricultural tractors;
(c)
“trailer” means any vehicle designed to be drawn by a motor vehicle and includes
semi-trailers;
(d)
“semi-trailer” means any trailer designed to be coupled to a motor vehicle in such a
way that part of it rests on the motor vehicle and that a substantial part of its weight and of the
weight of its load is borne by the motor vehicle;
(e)
“combination of vehicles” means coupled vehicles which travel on the road as a unit;
(f)
“permissible maximum weight” means the maximum weight of the laden vehicle
declared permissible by the competent authority of the State in which the vehicle is registered;
(g)
“carriage by road”1 means any journey made on roads open to the public of a vehicle,
whether laden or not, used for the carriage of passengers or goods;
(h)
“international road transport” [“international carriage by road”] means road transport
which involves the crossing of at least one frontier;
1 Definition introduced by amendment 2.
7
(i)
“regular services”2 means services which provide for the carriage of passengers at
specified intervals along specified routes, passengers being taken up and set down at predetermined
stopping points.
Rules governing the operations of services or documents taking the place thereof, approved
by the competent authorities of Contracting Parties and published by the carrier before coming into
operation, shall specify the conditions of carriage and in particular the frequency of services,
timetables, faretables and the obligation to accept passengers for carriage, insofar as such conditions
are not prescribed by any law or regulation.
Services by whomsoever organized, which provide for the carriage of specified categories of
passengers to the exclusion of other passengers, insofar as such services are operated under the
conditions specified in the first subparagraph of this definition, shall be deemed to be regular
services. Such services, in particular those providing for the carriage of workers to and from their
place of work or of schoolchildren to and from school, are hereinafter called “special regular
services”;
(j)
“driver” means any person, whether wage-earning or not, who drives the vehicle even
for a short period, or who is carried on the vehicle in order to be available for driving if necessary;
(k)
“crew member” means the driver or either of the following, whether wage-earning or
not:
(l)
Sunday;
(i)
a driver's mate, i.e. any person accompanying the driver in order to assist him
in certain manoeuvres and habitually taking an effective part in the transport
operations, though not a driver in the sense of paragraph (j) of this article;
(ii)
a conductor, i.e. any person who accompanies the driver of a vehicle engaged
in the carriage of passengers and is responsible in particular for the issue or
checking of tickets or other documents entitling passengers to travel on the
vehicle;
“week”3 means the period between 0000 hours on Monday and 2400 hours on
(m)
“rest”4 means any uninterrupted period of at least one hour during which the driver
may freely dispose of his time.
2 Definition introduced by amendment 2.
3 Definition introduced by amendment 2.
4 Definition introduced by amendment 2.
8
Article 2
Scope
1.
This Agreement shall apply in the territory of each Contracting Party to all international road
transport performed by any vehicle registered in the territory of the said Contracting Party or in the
territory of any other Contracting Party.
2.
Nevertheless,
(a)
if, in the course of an international road transport operation one or more crew
members do not leave the national territory in which they normally exercise their occupational
activities, the Contracting Party for that territory shall be free not to apply to him or them the
provisions of this Agreement;
(b)
Unless the Contracting Parties whose territory is used agree otherwise, this
Agreement shall not apply to the international road transport performed by:5
1.
Vehicles used for the carriage of goods where the permissible maximum weight of
the vehicle, including any trailer or semi-trailer, does not exceed 3.5 tonnes;
2.
Vehicles used for the carriage of passengers which, by virtue of their construction
and equipment are suitable for carrying not more than nine persons, including the
driver, and are intended for that purpose;
3.
Vehicles used for the carriage of passengers on regular services where the route
covered by the service in question does not exceed 50 kilometres;
4.
Vehicles with a maximum authorized speed not exceeding 30 kilometres per hour;
5.
Vehicles used by or under the control of the armed services, civil defence, fire
services, and forces responsible for maintaining public order;
6.
Vehicles used in connection with the sewerage, flood protection, water, gas and
electricity services, highway maintenance and control, refuse collection and disposal,
telegraph and telephone services, carriage of postal articles, radio and television
broadcasting and the detection of radio or television transmitters or receivers;
7.
Vehicles used in emergencies or rescue operations;
8.
Specialized vehicles used for medical purposes;
9
Vehicles transporting circus and funfair equipment;
10.
Specialized breakdown vehicles;
5 Modified by amendment 2.
9
11.
Vehicles undergoing road tests for technical development, repair or maintenance
purposes, and new or rebuilt vehicles which have not yet been put into service;
12.
Vehicles used for non-commercial carriage of goods for personal use;
13.
Vehicles used for milk collection from farms and the return to farms of milk
containers or milk products intended for animal feed.
Article 36
Application of some provisions of the Agreement to road transport performed by vehicles
registered in the territories of non-Contracting States
1.
Each Contracting Party shall apply in its territory, in respect of international road transport
performed by any vehicle registered in the territory of a State which is not a Contracting Party to this
Agreement, provisions not less strict than those laid down in articles 5, 6, 7, 8, 9 and 10 of this
Agreement.
2.
It shall be open to any Contracting Party, in the case of a vehicle registered in a State which
is not a Contracting Party to this Agreement, merely to require, in lieu of a control device
conforming to the specifications in the annex to this Agreement, daily record sheets,
completed manually by the driver.
Article 47
General principles
Each Contracting Party may apply higher minima or lower maxima than those laid down in
articles 5 to 8 inclusive. Nevertheless, the provisions of this Agreement shall remain applicable to
drivers, engaged in international road transport operations on vehicles registered in another
Contracting or non-Contracting State.
Article 58
Crews
1.
The minimum ages for drivers engaged in the carriage of goods shall be as follows:
(a)
for vehicles, including, where appropriate, trailers or semi-trailers, having a
permissible maximum weight of not more than 7.5 tonnes, 18 years;
(b)
for other vehicles:
21 years, or18 years provided that the person concerned holds a certificate of professional
competence recognized by one of the Contracting Parties confirming that he has completed a
6 Modified by amendment 1 and amendment 2.
7 Modified by amendment 2.
8 Modified by amendment 2.
10
training course for drivers of vehicles intended for the carriage of goods by road. Contracting
Parties shall inform one another of the prevailing national minimum training levels and other
relevant conditions relating to drivers engaged in international carriage of goods under this
Agreement.
2.
Any driver engaged in the carriage of passengers shall have reached the age of 21 years.
Any driver engaged in the carriage of passengers on journeys beyond a 50 kilometre radius
from the place where the vehicle is normally based must also fulfil one of the following conditions:
(a)
he must have worked for at least one year in the carriage of goods as a driver of
vehicles with a permissible maximum weight exceeding 3.5 tonnes;
(b)
he must have worked for at least one year as a driver of vehicles used to provide
passenger services on journeys within a 50 kilometre radius from the place where the vehicle is
normally based, or other types of passenger services not subject to this Agreement provided the
competent authority considers that he has by so doing acquired the necessary experience;
(c)
he must hold a certificate of professional competence recognized by one of the
Contracting Parties confirming that he has completed a training course for drivers of vehicles
intended for the carriage of passengers by road.
Article 69
Driving periods
1.
The driving period between any two daily rest periods or between a daily rest period and a
weekly rest period, hereinafter called “daily driving period”, shall not exceed nine hours. It may be
extended twice in any one week to ten hours.
A driver must, after no more than six daily driving periods, take a weekly rest period as
defined in article 8 (3).
The weekly rest period may be postponed until the end of the sixth day if the total driving
time over the six days does not exceed the maximum corresponding to six daily driving periods.
In the case of the international carriage of passengers, other than on regular services, the
terms “six”, and “sixth”, in the second and third subparagraphs shall be replaced by “twelve”, and
“twelfth”, respectively.
2.
The total period of driving in any one fortnight shall not exceed ninety hours.
Article 710
Breaks
9 Modified by amendment 2.
10 Modified by amendment 2.
11
1.
After four-and-a-half hours' driving, the driver shall observe a break of at least forty-five
minutes, unless he begins a rest period.
2.
This break may be replaced by breaks of at least fifteen minutes each distributed over the
driving period or immediately after this period in such a way as to comply with the provisions of
paragraph 1.
3.
During these breaks, the driver may not carry out any other work. For the purposes of this
article, the waiting time and time not devoted to driving spent in a vehicle in motion, a ferry, or a
train shall not be regarded as “other work”.
4.
The breaks observed under this article may not be regarded as daily rest periods.
Article 811
Rest periods
1.
In each period of twenty-four hours, the driver shall have a daily rest period of at least eleven
consecutive hours, which may be reduced to a minimum of nine consecutive hours not more than
three times in any one week, on condition that an equivalent period of rest be granted as
compensation before the end of the following week.
On days when the rest is not reduced in accordance with the first subparagraph, it may be
taken in two or three separate periods during the twenty-four hour period, one of which must be of at
least eight consecutive hours. In this case the minimum length of the rest shall be increased to
twelve hours.
2.
During each period of thirty hours when a vehicle is manned by at least two drivers, each
driver shall have a rest period of not less than eight consecutive hours.
3.
In the course of each week, one of the rest periods referred to in paragraphs 1 and 2 shall be
extended by way of weekly rest, to a total of forty-five consecutive hours. This rest period may be
reduced to a minimum of thirty-six consecutive hours if taken at the place where the vehicle is
normally based or where the driver is based, or to a minimum of twenty-four consecutive hours if
taken elsewhere. Each reduction shall be compensated by an equivalent rest taken en bloc before the
end of the third week following the week in question.
4.
A weekly rest period which begins in one week and continues into the following week may
be attached to either of these weeks.
5.
In the case of the carriage of passengers to which article 6 (1), fourth subparagraph, applies,
the weekly rest period may be postponed until the week following that in respect of which the rest is
due and added on to that second week's weekly rest.
6.
Any rest taken as compensation for the reduction of the daily and/or weekly rest periods
must be attached to another rest of at least eight hours and shall be granted, at the request of the
person concerned, at the vehicle's parking place or driver's base.
11 Modified by amendment 2.
12
7.
The daily rest period may be taken in a vehicle, as long as it is fitted with a bunk and is
stationary.
8.
Notwithstanding the provisions in paragraph 1 above where a driver engaged in the carriage
of goods or passengers accompanies a vehicle which is transported by ferryboat or train, the daily
rest period may be interrupted not more than once, provided the following conditions are fulfilled:
that part of the daily rest period spent on land must be able to be taken before or after
the portion of the daily rest period taken on board the ferryboat or the train,
the period between the two portions of the daily rest period must be as short as
possible and may on no account exceed one hour before embarkation or after
disembarkation, customs formalities being included in the embarkation or disembarkation
operations,
during both portions of the rest period the driver must be able to have access to a
bunk or couchette.
The daily rest period, interrupted in this way, shall be increased by two hours.
Article 912
Exceptions
Provided that road safety is not thereby jeopardized and to enable him to reach a suitable
stopping place, the driver may depart from the provisions of this Agreement to the extent necessary
to ensure the safety of persons, of the vehicle or of its load. The driver shall indicate the nature of
and reason for his departure from those provisions on the record sheet of the control device or in his
duty roster.
Article 1013
Control device
1.
The Contracting Parties shall prescribe the installation and use on vehicles registered in their
territory of a control device according to the requirements of this Agreement and the Annex and
Appendices thereto.
2.
The control device within the sense of this Agreement shall, as regards construction,
installation, use and testing, comply with the requirements of this Agreement and the Annex and
Appendices thereto.
3.
A control device conforming to Council Regulation (EEC) No. 3821/85 of 20 December
1985 as regards construction, installation, use and testing shall be considered as conforming to the
requirements of this Agreement and the Annex and Appendices thereto.
12 Modified by amendment 2.
13 Modified successively by amendments 1, 2, 3 and 5.
13
Article 1114
Supervision by the undertaking
1.
The undertaking shall so organize road transport operations that crew members are able to
comply with the provisions of this Agreement.
2.
It shall make a regular check of driving periods, hours of other work and rest periods by
referring to all documents at its disposal such as the individual control books. Should it discover
any breach of this Agreement it shall take prompt action to end it and to avoid its repetition, for
example by changing hours of work and routes.
3.
Payments to wage-earning drivers, even in the form of bonuses or wage supplements, related
to distances travelled and/or the amount of goods carried shall be prohibited, unless these payments
are of such a kind as not to endanger road safety.
Article 1215
Measures of enforcement of the Agreement
1.
Each Contracting Party shall adopt all appropriate measures to ensure observance of the
provisions of this Agreement, in particular by an adequate level of roadside checks and checks
performed on the premises of undertakings annually covering a large and representative proportion
of drivers, undertakings and vehicles of all transport categories coming within the scope of this
Agreement.
(a)
The competent administrations of the Contracting Parties shall organize the checks so
that:
− During each calendar year a minimum of 1% of the days worked by the drivers of
vehicles to which this Agreement applies shall be checked;
− At least 15% of the total number of working days checked shall be checked on the
roadside and at least 25% on the premises of undertakings;
(b)
The elements of roadside checks shall include:
− Daily driving periods, interruptions and daily rest periods and, if there are evident
irregularities, the record sheets of the preceding days which shall be on board the
vehicle;
− The last weekly rest period, if appropriate;
− The correct functioning of the control device.
14 Modified by amendment 2.
15 Modified by amendments 2 and 4.
14
These checks shall be carried out without discrimination of vehicles and drivers, whether
resident or not.
(c) The elements of checks on the premises of undertakings shall include, apart from the
elements subject to roadside checks, in addition to compliance with Article 10, paragraph 3:
− Weekly rest periods and driving periods between these rest periods;
− Two-weekly limits on hours of driving;
− Compensation for daily and weekly rest periods reduced in accordance with
Article 8, paragraphs 1 and 3;
− Use of recording sheets and/or the organization of drivers’ working time.
2.
Within the framework of mutual assistance, the competent authorities of the Contracting
Parties shall regularly send one another all available information concerning:
− Breaches of this Agreement committed by non-residents and any penalties imposed
for such breaches;
− Penalties imposed by a Contracting Party on its residents for such breaches
committed on the territory of other Contracting Parties.
In case of serious breaches, such information shall include the penalty imposed.
3.
If the findings of a roadside check on the driver of a vehicle registered in the territory of
another Contracting Party provide grounds to believe that infringements have been committed which
cannot be detected during the check due to lack of necessary data, the competent authorities of the
Contracting Parties concerned shall assist each other to clarify the situation. In cases where, to this
end, the competent Contracting Party carries out a check at the premises of the undertaking, the
results of this check shall be communicated to the other Party concerned.
4.
Contracting Parties shall work in cooperation with each other in the organization of
concerted roadside checks.
5.
The United Nations Economic Commission for Europe shall issue a report every two years
on the application by Contracting Parties of paragraph 1 of the present article.
Article 1316
Transitional provisions
1.
All the new provisions of the present Agreement, including its Annex and Appendices 1B
and 2, relating to the introduction of a digital control device, shall become mandatory for countries
which are Contracting Parties to this Agreement at latest four years after the date of entry into force
of the relevant amendments resulting from the procedure specified in article 21. In consequence, all
16 Modified successively by amendments 2 and 5.
15
vehicles covered by this Agreement, put into service for the first time after the expiry of this period,
shall be equipped with a control device conforming to these new requirements. During this fouryear period, Contracting Parties, which have not yet implemented these amendments in their
countries, shall accept and control on their territory vehicles registered in another Contracting Party
to this Agreement, which are already equipped with such a digital control device.
2. (a) The Contracting Parties shall take the necessary steps to be able to issue the driver
cards referred to in the Annex to the present Agreement, as amended, at latest three months before
the expiry of the four-year deadline referred to in paragraph 1. This minimum period of three
months shall also be complied with in the event of the implementation by a Contracting Party of the
provisions relating to the digital control device in conformity with Appendix 1B to this Annex
before the expiry of the four-year deadline. Such Contracting Parties shall keep the secretariat of the
Working Party on Road Transport of the Economic Commission for Europe informed of progress in
the introduction of the digital control device in conformity with Appendix 1B to this Annex within
its territory.
(b)
Pending the issue by Contracting Parties of the cards referred to in (a), the provisions of
article 14 of the Annex to this Agreement shall apply to drivers who may be required to drive
vehicles fitted with a digital control device in accordance with Appendix 1B to this Annex.
3.
Any instrument of ratification or accession deposited by a State after the entry into force of
the amendments referred to in paragraph 1 shall be deemed to apply to the Agreement as amended,
including the deadline for implementation specified in paragraph 1.
If accession takes place less than two years before the expiry of the deadline referred to in
paragraph 1, the State shall inform the depositary of the date on which the digital control device will
be brought into effective use in its territory when it deposits its instrument of ratification or
accession. Such State may make use of a transitional period not exceeding two years from the date
of entry into force of the Agreement for the State. The depositary shall so inform all Contracting
Parties.
The provisions of the preceding paragraph shall also apply in the event of the accession of a
State after the expiry of the four-year deadline for implementation referred to in paragraph 1.
16
Final provisions
Article 14
1.
This Agreement shall be open for signature until 31 March 1971 and thereafter for accession,
by States members of the Economic Commission for Europe and States admitted to the Commission
in a consultative capacity under paragraph 8 of the Commission's terms of reference.
2.
This Agreement shall be ratified.
3,
The instruments of ratification or accession shall be deposited with the Secretary-General of
the United Nations.
4.
This Agreement shall enter into force on the one hundred and eightieth day after the date of
deposit of the eighth instrument of ratification or accession.
5.
In respect of each State which ratifies, or accedes to, this Agreement after the deposit of the
eighth instrument of ratification or accession as referred to in paragraph 4 of this article, the
Agreement shall enter into force one hundred and eighty days after the deposit by that State of its
instrument of ratification or accession.
Article 15
1.
Any Contracting Party may denounce this Agreement by notice addressed to the SecretaryGeneral of the United Nations.
2.
The denunciation shall take effect six months after the date on which the Secretary-General
receives notice thereof.
Article 16
This Agreement shall cease to have effect if for any period of twelve consecutive months
after its entry into force the number of Contracting Parties is less than three.
Article 1717
1.
Any State may, at the time of signing this Agreement or of depositing its instrument of
ratification or accession or at any time thereafter, declare by notification addressed to the SecretaryGeneral of the United Nations that the validity of the Agreement shall be extended to all or any of
the territories for the international relations of which it is responsible. The Agreement shall apply to
the territory or territories named in the notification as from the one hundred and eightieth day after
receipt of the notification by the Secretary-General or, if on that day the Agreement has not yet
entered into force, as from the date of its entry into force.
17 Modified by amendment 2.
17
2.
Any State which has made a declaration under the preceding paragraph making this
Agreement applicable to a territory for whose international relations it is responsible may denounce
the Agreement separately in respect of that territory in conformity with the provisions of article 15
hereof.
Article 18
1.
Any dispute between two or more Contracting Parties concerning the interpretation or
application of this Agreement shall so far as possible be settled by negotiation between them.
2.
Any dispute which is not settled by negotiation shall be submitted to arbitration if any one of
the Contracting Parties concerned in the dispute so requests and shall accordingly be referred to one
or more arbitrators selected by agreement between the Parties in dispute. If within three months
from the date of the request for arbitration the Parties in dispute are unable to agree on the selection
of an arbitrator or arbitrators, any of those Parties may request the Secretary-General of the United
Nations to appoint a single arbitrator to whom the dispute shall be referred for decision.
3.
The decision of the arbitrator or arbitrators appointed under the preceding paragraph shall be
binding on the Contracting Parties in dispute.
Article 1918
1.
Any State may, at the time of signing, ratifying, or acceding to this Agreement, declare that it
does not consider itself bound by article 18, paragraphs 2 and 3 hereof. The other Contracting
Parties shall not be bound by the said paragraphs with respect to any Contracting Party which has
entered such a reservation.
2.
If at the time of depositing its instrument of ratification or accession a State enters a
reservation other than that provided for in paragraph 1 of this article, the Secretary-General of the
United Nations shall communicate the reservation to the States which have previously deposited
their instruments of ratification or accession and have not since denounced this Agreement. The
reservation shall be deemed to be accepted if none of the said States has, within six months after
such communication, expressed its opposition to acceptance of the reservation. Otherwise the
reservation shall not be admitted, and, if the State which entered the reservation does not withdraw it
the deposit of that State's instrument of ratification or accession shall be without effect. For the
purpose of the application of this paragraph the opposition of States whose accession or ratification
is, in virtue of this paragraph without effect by reason of reservations entered by them, shall be
disregarded.
3.
Any Contracting Party whose reservation has been adopted in the Protocol of signature of
this Agreement or who has entered a reservation pursuant to paragraph 1 of this article, or made a
reservation which has been accepted pursuant to paragraph 2 of this article may at any time
withdraw such reservation by a notification addressed to the Secretary-General.
18 Modified by amendment 2.
18
Article 2019
1.
After this Agreement has been in force for three years any Contracting Party may, by a
notification addressed to the Secretary-General of the United Nations, request that a conference be
convened for the purpose of revising the Agreement. The Secretary-General shall notify all
Contracting Parties of the request and shall convene a revision conference if not less than one-third
of the Contracting Parties signify their assent to the request within a period of four months from the
date of the notification by the Secretary-General.
2.
If a conference is convened in conformity with the preceding paragraph the SecretaryGeneral shall notify all the Contracting Parties and invite them to submit within a period of three
months such proposals as they wish the conference to consider. The Secretary-General shall
circulate to all Contracting Parties the provisional agenda for the conference, together with the text
of such proposals, not less than three months before the date on which the conference is to meet.
3.
The Secretary-General shall invite to any conference convened under this article all the
States referred to in article 14, paragraph 1, of this Agreement.
Article 2120
1.
Any Contracting Party may propose one or more amendments to this Agreement. The text of
any proposed amendment shall be communicated to the Secretary-General of the United Nations,
who shall communicate it to all Contracting Parties and inform thereof all the other States referred to
in article 14, paragraph 1, of this Agreement.
2.
Within a period of six months from the date on which the proposed amendment is
communicated by the Secretary-General, any Contracting Party may inform the Secretary-General:
(a)
that it has an objection to the amendment proposed; or
(b)
that, although it intends to accept the proposal, the conditions necessary for such
acceptance are not yet fulfilled in its State.
3.
If a Contracting Party sends to the Secretary-General a communication such as is provided
for in paragraph 2 (b) of this article, it may, so long as it has not notified the Secretary-General of its
acceptance of the proposed amendment, submit an objection to the proposed amendment within a
period of nine months following the expiry of the six-month period provided for its communication.
4.
If an objection to the proposed amendment is stated in accordance with the terms of
paragraphs 2 and 3 of this article, the amendment shall be deemed not to have been accepted and
shall be of no effect.
5.
If no objection to the proposed amendment has been stated under paragraphs 2 and 3 of this
article, then the amendment shall be deemed to have been accepted as from the date specified below:
19 Modified by amendment 2.
20 Modified by amendments 2 and 5.
19
(a)
if no Contracting Party has sent a communication to the Secretary-General under
paragraph 2 (b) of this article: on the expiry of the period of six months referred to in paragraph 2 of
this article;
(b)
if any Contracting Party has sent a communication to the Secretary-General under
paragraph 2 (b) of this article: on the earlier of the following two dates:
n
the date by which all the Contracting Parties which sent such communications have
notified the Secretary-General of their acceptance of the proposal, subject to the
proviso that, if all the acceptances were notified before the expiry of the period of six
months referred to in paragraph 2 of this article, this date shall be taken to be the date
of expiry of the said six-month period;
n
the date of expiry of the period of nine months referred to in paragraph 3 of this
article.
5 bis In the case of a country which becomes a Contracting Party to this Agreement between the
moment of notification of a draft amendment and the moment when it is considered accepted, the
secretariat of the Working Party on Road Transport of the Economic Commission for Europe shall
notify the new State Party of the draft amendment as soon as possible. The latter may inform the
Secretary-General of any objection before the end of the six-month period from the date of
transmission of the original amendment to all Contracting Parties.
6.
Any amendment deemed to be accepted shall enter into force three months after the date on
which it was deemed to be accepted.
7.
The Secretary-General shall as soon as possible notify all Contracting Parties whether an
objection to the proposed amendment has been stated under paragraph 2 (a) of this article and
whether he has received from one or more Contracting Parties a communication under paragraph 2
(b) of this article. If he has received such a communication from one or more Contracting Parties, he
shall subsequently inform all the Contracting Parties whether the Contracting Party or Parties which
have made such a communication raise an objection to or accept the proposed amendment.
8.
Independently of the amendment procedure laid down in paragraphs 1 to 6 of this article, the
annex to this Agreement may be modified by agreement between the competent administrations of
all the Contracting Parties; if the competent administration of a Contracting Party has stated that
under its domestic law its agreement is contingent on special authorization for the purpose, or on the
approval of a legislative body, the consent of the competent administration of the Contracting Party
concerned to the modification of the annex shall not be deemed to have been given until the said
competent administration has notified the Secretary-General that the necessary authorization or
approval has been obtained. The agreement between the competent administrations shall appoint the
date of entry into force of the modified annex, and may provide that, during a transitional period, the
old annex shall remain in force, wholly or in part, concurrently with the modified annex.
20
Article 2221
1.
Appendices 1 and 2 to the annex to this Agreement may be amended by the procedure
specified in this article.
2.
At the request of a Contracting Party, any amendments proposed to appendices 1 and 2 to the
annex to this Agreement shall be considered by the Principal Working Party on Road Transport of
the Economic Commission for Europe.
3.
If it is adopted by the majority of the members present and voting, and if this majority
includes the majority of the Contracting Parties present and voting, the amendment shall be
communicated by the Secretary-General to the competent administrations of all the Contracting
Parties for acceptance.
4.
The amendment shall be accepted if, within a period of six months following the date of
notification, less than one third of the competent administrations of the Contracting Parties notify the
Secretary-General of their objection to the amendment.
4 bis. In the case of a country which becomes a Party to this Agreement between the moment of
notification of a draft amendment and the moment when it is considered accepted, the secretariat of
the Working Party on Road Transport of the Economic Commission for Europe shall notify the new
State Party of the draft amendment as soon as possible. The latter may inform the Secretary-General
of any objection before the end of the six-month period from the date of transmission of the original
amendment to all Contracting Parties.
5.
Any amendment accepted shall be communicated by the Secretary-General to all the
Contracting Parties and shall come into force three months after the date of its notification.
Article 22 bis22
Procedure for the amendment of Appendix 1B
1.
Appendix 1B of the Annex to the present Agreement shall be amended according to the
procedure defined in the present article.
2.
Any amendment proposal to the introductory articles of Appendix 1B shall be adopted by the
Working Party on Road Transport of the Economic Commission for Europe by a majority of the
Contracting Parties present and voting. Any amendment thus adopted will be transmitted by the
secretariat of the Working Party to the Secretary-General for notification to all Contracting Parties.
It shall enter into force three months after the date of notification to Contracting Parties.
21 Introduced by amendment 2, then modified by amendment 5.
22 Introduced by amendment 5.
21
3.
Appendix 1B, adapted for the present Agreement from Annex IB *of Regulation (EEC)
3821/85 as cited in article 10 of the present Agreement, depending directly on evolutions introduced
into this Annex by the European Union, any amendment made to this Annex shall be applicable to
Appendix 1B under the following conditions:
−
the secretariat of the Working Party on Road Transport of the Economic
Commission for Europe will officially inform the competent authorities of all
Contracting Parties of the publication in the Official Journal of the European
Communities of the amendments introduced to Annex IB of the Community
Regulation and at the same time will communicate this information to the
Secretary-General accompanied by a copy of the relevant texts.
−
these amendments shall enter directly into force for Appendix 1B three months
after the date of communication to Contracting Parties of the information.
4.
When a proposal to amend the Annex to the present Agreement also implies an amendment
to Appendix 1B, the amendments concerning the Appendix may not enter into force before those
concerning the Annex. When, in this framework, amendments to Appendix 1B are presented at the
same time as amendments to the Annex, their date of entry into force shall be determined by the date
resulting from application of the procedures outlined in article 21.
Article 2323
In addition to the notifications referred to in articles 20 and 21 of this Agreement, the
Secretary-General of the United Nations shall notify the States referred to in article 14, paragraph 1,
hereof of:
(a)
ratifications or accessions under article 14 of this Agreement;
(b)
the dates of entry into force of the present Agreement, in conformity with article 14
(c)
denunciations under article 15 of this Agreement;
(d)
the termination of this Agreement in conformity with article 16 hereof;
(e)
notifications received under article 17 of this Agreement;
(f)
declarations and notifications received under article 19 of this Agreement;
hereof;
(g)
Agreement.
the entry into force of any amendment in conformity with article 21 of this
* As last amended by Commission Regulations (EC) No.1360/2002 of 13 June 2002 (OJ L 207 of 5 August 2002
(corrigendum OJ L 77 of 13 March 2004)) and No. 432/2004 of 5 March 2004 (OJ L 71 of 10 March 2004).
23 Modified by amendment 2.
22
Article 24
The Protocol of signature of this Agreement shall have the same force, validity and duration
as the Agreement itself, of which it shall be deemed to be an integral part.
Article 2524
After 31 March 1971 the original of this Agreement shall be deposited with the
Secretary-General of the United Nations, who shall transmit certified true copies to each of the
States referred to in article 14, paragraph 1, hereof.
24 Modified by amendment 2.
23
ANNEX25
CONTROL DEVICE
GENERAL PROVISIONS
Chapter I: Type approval
Article 1
For the purposes of this Chapter, the words “control device” shall mean “control device or its
components”.
Applications for the approval of a type of control device or of a model record sheet or
memory card shall be submitted, accompanied by the appropriate specifications, by the manufacturer
or his agent to a Contracting Party. No application in respect of any one type of control device or of
any one model record sheet or memory card may be submitted to more than one Contracting Party.
Article 2
A Contracting Party shall grant its type approval to any type of control device, to any model
record sheet or memory card which conforms to the requirements laid down in Appendix 1 or 1B to
this Annex, provided that the Contracting Party is in a position to check that production models
conform to the approved prototype.
The control device referred to in Appendix 1B may not be granted type approval until the
whole system (the control device itself, driver card and electrical gearbox connections) has
demonstrated its capacity to resist attempts to tamper with or alter the data on driving times. The
tests necessary to establish this shall be carried out by experts familiar with up-to-date tampering
techniques.
Any modifications or additions to an approved model must receive additional type approval
from the Contracting Party which granted the original type approval.
Article 3
Contracting Parties shall issue to the applicant an approval mark, which shall conform to the
model shown in Appendix 2, for each type of control device or model record sheet or memory card
which they approve pursuant to article 2.
Article 4
The competent authorities of the Contracting Party to which the application for type approval
has been submitted shall, in respect of each type of control device or model record sheet or memory
card which they approve or refuse to approve, either send within one month to the authorities of the
other Contracting Parties a copy of the approval certificate accompanied by copies of the relevant
specifications, or, if such is the case, notify those authorities that approval has been refused; in cases
of refusal they shall communicate the reasons for their decision.
25 Modified by amendment 2, then completely revised by amendment 5.
24
Article 5
1.
If a Contracting Party which has granted type approval as provided for in article 2 finds that
a certain control device or record sheet or memory card bearing the type approval mark which it has
issued does not conform to the prototype which it has approved, it shall take the necessary measures
to ensure that production models conform to the approved prototype. The measures taken may, if
necessary, extend to withdrawal of the type approval.
2.
A Contracting Party which has granted type approval shall withdraw such approval if the
control device or record sheet or memory card which has been approved is not in conformity with
this Annex or its Appendices or displays in use any general defect which makes it unsuitable for the
purpose for which it is intended.
3.
If a Contracting Party which has granted type approval is notified by another Contracting
Party of one of the cases referred to in paragraphs 1 and 2, it shall also, after consulting the latter
Contracting Party, take the steps laid down in those paragraphs, subject to paragraph 5.
4.
A Contracting Party which ascertains that one of the cases referred to in paragraph 2 has
arisen may forbid until further notice the placing on the market and putting into service of the
control device or record sheets or memory card. The same applies in the cases mentioned in
paragraph 1 with respect to control devices or record sheets or memory cards which have been
exempted from the initial verification, if the manufacturer, after due warning, does not bring the
equipment into line with the approved model or with the requirements of this Annex.
In any event, the competent authorities of the Contracting Parties shall notify one another
within one month, of any withdrawal of type approval or of any other measures taken pursuant to
paragraphs 1, 2 and 3 and shall specify the reasons for such action.
5.
If a Contracting Party which has granted type approval disputes the existence of any of the
cases specified in paragraphs 1 or 2 notified to it, the Contracting Parties concerned shall endeavour
to settle the dispute.
Article 6
1.
An applicant for type approval of a model record sheet shall state on his application the type
or types of control device on which the sheet in question is designed to be used and shall provide a
suitable device of such type or types for the purpose of testing the sheet.
2.
The competent authorities of each Contracting Party shall indicate on the approval certificate
for the model record sheet the type or types of control device on which that model sheet may be
used.
Article 7
No Contracting Party may refuse to register any vehicle fitted with a control device, or
prohibit the entry into service or use of such vehicle for any reason connected with the fact that the
vehicle is fitted with such device, if the control device bears the approval mark referred to in article
3 and the installation plaque referred to in article 9.
25
Article 8
All decisions pursuant to this Annex refusing or withdrawing approval of a type of control
device or model record sheet or memory card shall specify in detail the reasons on which they are
based. A decision shall be communicated to the party concerned, who shall at the same time be
informed of the remedies available to him under the laws of the Contracting Party and of the time
limits for the exercise of such remedies.
Chapter II - Installation and inspection
Article 9
1.
The control device may be installed or repaired only by fitters or workshops approved by the
competent authorities of Contracting Parties for that purpose after the latter, should they so desire,
have heard the views of the manufacturers concerned.
The period of administrative validity of approved workshop and fitter cards shall not exceed
one year.
If a card issued to an approved workshop or fitter is to be extended, is damaged,
malfunctions, is lost or stolen, the authority shall supply a replacement card within five working
days of receiving a detailed request to that effect.
Where a new card is issued to replace an old one, the new card shall bear the same
“workshop” information number, but the index shall be increased by one. The authority issuing the
card shall maintain a register of lost, stolen or defective cards.
Contracting Parties shall take any measure necessary to prevent the cards distributed to
approved fitters and workshops from being falsified.
2.
The approved fitter or workshop shall place a special mark on the seals which it affixes and,
in addition, shall enter for a control device in conformity with Appendix 1B, the electronic security
data for carrying out, in particular, the authentication checks. The competent authorities of each
Contracting Party shall maintain a register of the marks and electronic security data used and of
approved workshop and fitter cards issued.
3.
The competent authorities of the Contracting Parties shall send each other their lists of
approved fitters and workshops and the cards issued to them and also copies of the marks and of the
necessary information relating to the electronic security data used.
4.
For the purpose of certifying that installation of the control device took place in accordance
with the requirements of this Annex an installation plaque affixed as provided in Appendix 1 or 1B
shall be used.
5.
Seals may be removed by fitters or workshops approved by the competent authorities in
accordance with the provisions of paragraph 1 of this article or in the circumstances described in
Appendix 1 or 1B of this Annex.
26
Chapter III - Use of equipment
Article 10
The employer and drivers shall ensure the correct functioning and proper use of, on the one
hand, the control device and, on the other, the driver card where a driver is required to drive a
vehicle fitted with a control device in conformity with Appendix 1B.
Article 11
1.
The employer shall issue a sufficient number of record sheets to drivers of vehicles fitted
with the control device in conformity with Appendix 1, bearing in mind the fact that these sheets are
personal in character, the length of the period of service, and the possible obligation to replace
sheets which are damaged, or have been taken by an authorized inspecting officer. The employer
shall issue to drivers only sheets of an approved model suitable for use in the control device installed
in the vehicle.
Where the vehicle is fitted with a control device in conformity with Appendix 1B, the
employer and the driver shall ensure that, taking into account the length of the period of service, the
printing on request referred to in Appendix 1B can be carried out correctly in the event of an
inspection.
2.
The undertaking shall keep the record sheets in good order for at least a year after their use
and shall give copies to the drivers concerned who request them. The sheets shall be produced or
handed over at the request of any authorized inspecting officer.
3.
The driver card as defined in Appendix 1B shall be issued, at the request of the driver, by the
competent authority of the Contracting Party where the driver has his normal residence.
A Contracting Party may require any driver subject to the provisions of the Agreement and
normally resident on its territory to hold a driver card.
(a)
For the purposes of this Agreement ‘normal residence’ means the place where a
person usually lives, that is for at least 185 days in each calendar year, because of personal and
occupational ties, or, in the case of a person with no occupational ties, because of personal ties
which show close links between that person and the place where he is living.
However, the normal residence of a person whose occupational ties are in a different place
from his personal ties and who consequently lives in turn in different places situated in two or more
Contracting Parties shall be regarded as being the place of his personal ties, provided that such
person returns there regularly. This last condition need not be met where the person is living in a
Contracting Party in order to carry out a fixed-term assignment.
(b)
Drivers shall give proof of their place of normal residence by any appropriate means,
such as their identity card or any other valid document.
27
(c)
Where the competent authorities of the Contracting Party issuing the driver card have
doubts as to the validity of a statement as to normal residence made in accordance with point (b), or
for the purpose of certain specific controls, they may request any additional information or evidence.
(d)
The competent authority of the issuing Contracting Party shall, as far as this can be
done, ensure that the applicant does not already hold a valid driver card.
4.
(a)
The competent authority of the Contracting Party shall personalize the driver card in
accordance with the provisions of Appendix 1B.
The period of administrative validity of the driver card shall not exceed five years.
The driver may hold one valid driver card only. The driver is authorized to use only his own
personalized driver card. The driver shall not use a driver card which is defective or which has
expired.
When a driver card is issued replacing an old one, the new card shall bear the same driver
card issue number but the index shall be increased by one. The issuing authority shall keep records
of issued, stolen, lost or defective driver cards for a period at least equivalent to their period of
validity.
If the driver card is damaged, malfunctions or is lost or stolen, the authority shall supply a
replacement card within five working days of receiving a detailed request to that effect.
In the event of a request for the renewal of a card whose expiry date is approaching, the
authority shall supply a new card before the expiry date provided that the request was sent to it
within the time limits laid down in the fourth subparagraph of article 12 (1).
(b)
Agreement.
Driver cards shall be issued only to applicants who are subject to the provisions of the
(c)
The driver card shall be personal. It may not, during its official period of validity, be
withdrawn or suspended for whatever reason unless the competent authority of a Contracting Party
finds that the card has been falsified, or the driver is using a card of which he is not the holder, or
that the card held has been obtained on the basis of false declarations and/or forged documents. If
such suspension or withdrawal measures are taken by a Contracting Party other than the Contracting
Party of issue, the former shall return the card to the authorities of the Contracting Party which
issued it and shall indicate the reasons for returning it.
(d)
Driver cards issued by Contracting Parties shall be mutually recognized.
Where the holder of a valid driver card issued by a Contracting Party has established his
normal place of residence in another Contracting Party, he may ask for his card to be exchanged for
an equivalent driver card; it shall be the responsibility of the Contracting Party which carries out the
exchange to verify if necessary whether the card produced is actually still valid.
Contracting Parties carrying out an exchange shall return the old card to the authorities of the
Contracting Party of issue and indicate the reasons for so doing.
28
(e)
Where a Contracting Party replaces or exchanges a driver card, the replacement or
exchange, and any subsequent replacement or renewal, shall be registered in that Contracting Party.
(f)
Contracting Parties shall take all the necessary measures to prevent any possibility of
driver cards being falsified.
5.
Contracting Parties shall ensure that data needed to monitor compliance with the present
Agreement which are recorded and stored by the control device in conformity with Appendix 1B to
this Annex can be stored for 365 days after the date of their recording and that they can be made
available under conditions that guarantee the security and accuracy of the data.
Contracting Parties shall take any measures necessary to ensure that the resale or
decommissioning of a control device cannot detract, in particular, from the satisfactory application
of this paragraph.
Article 12
1.
Drivers shall not use dirty or damaged record sheets or driver card. The sheets or driver card
shall be adequately protected on this account.
In case of damage to a sheet or driver card bearing recordings, drivers shall attach the
damaged sheet or driver card to a spare sheet or a temporary sheet used to replace it.
If the driver card is damaged, malfunctions or is lost or stolen, the driver shall apply within
seven calendar days for its replacement to the competent authorities of the Contracting Party in
which he has his normal residence.
Where a driver wishes to renew his driver card, he shall apply to the competent authorities of
the Contracting Party in which he has his normal residence not later than 15 working days before the
expiry date of the card.
2.
Drivers shall use the record sheets or driver card every day on which they are driving,
starting from the moment they take over the vehicle. The record sheet or driver card shall not be
withdrawn before the end of the daily working period unless its withdrawal is otherwise authorized.
No record sheet or driver card may be used to cover a period longer than that for which it is
intended.
When, as a result of being away from the vehicle, a driver is unable to use the control device
fitted to the vehicle, the periods of time indicated in paragraph 3, second indent (b), (c) and (d)
below shall be entered on the sheet, either manually, by automatic recording or other means, legibly
and without dirtying the sheet.
Drivers shall amend the record sheets as necessary should there be more than one driver on
board the vehicle, so that the information referred to in paragraph 3 second indent (b), (c) and (d)
below is recorded on the record sheet of the driver who is actually driving.
3.
Drivers shall:
−
ensure that the time recorded on the sheet agrees with the official time in the country
29
of registration of the vehicle,
−
operate the switch mechanisms enabling the following periods of time to be recorded
separately and distinctly:
(a)
under the sign
or
26
driving time;
(b)
under the sign
or
27
all other periods of work;
(c)
under the sign
or
28
other periods of availability, namely:
(d)
−
waiting time, i.e. the period during which drivers need remain at their
posts only for the purpose of answering any calls to start or resume
driving or to carry out other work,
−
time spent beside the driver while the vehicle is in motion,
−
time spent on a bunk while the vehicle is in motion;
under the sign
or
29
breaks in work and daily rest periods.
4.
Each Contracting Party may permit all the periods referred to in paragraph 3, second indent
(b) and (c) to be recorded under the sign
on the record sheets used on vehicles registered in its
territory.
5.
Each crew member concerned shall enter the following information on his record sheet:
(a)
(b)
use ends;
on beginning to use the sheet - his surname and first name;
the date and place where use of the sheet begins and the date and place where such
(c)
the registration number of each vehicle to which he is assigned, both at the start of the
first journey recorded on the sheet and then, in the event of a change of vehicle, during use of the
sheet;
26
27
28
29
(d)
the odometer reading:
−
at the start of the first journey recorded on the sheet,
−
at the end of the last journey recorded on the sheet,
−
in the event of a change of vehicle during a working day (reading on the vehicle to
Symbols used for the digital tachograph.
Symbols used for the digital tachograph.
Symbols used for the digital tachograph.
Symbols used for the digital tachograph.
30
which he was assigned and reading on the vehicle to which he is assigned);
(e)
if relevant, the time of any change of vehicle.
5 bis. The driver shall enter in the control device in conformity with Appendix 1B the symbols of
the countries in which he begins and ends his daily work period.
The above data entries shall be activated by the driver, and may be entirely manual or
automatic if the control device is linked to a satellite tracking system.
6.
The control device defined in Appendix 1 shall be so designed that it is possible for an
authorized inspecting officer, if necessary after opening the equipment, to read the recordings
relating to the nine hours preceding the time of the check without permanently deforming, damaging
or soiling the sheet.
The device shall, furthermore, be so designed that it is possible, without opening the case, to
verify that recordings are being made.
7.
(a)
Where the driver drives a vehicle fitted with a control device in conformity with
Appendix 1, he must be able to produce, whenever an inspecting officer so requests:
−
the record sheets for the current week and, in any event, the sheet for the last day on
which he drove during the previous week,
−
the driver card if he holds one, and
−
print-outs from the control device defined in Appendix 1B relating to the periods of
time indicated in paragraph 3, second indent, (a), (b), (c) and (d) if he drove a vehicle
fitted with such a control device during the period referred to in the first indent of
this paragraph.
(b)
Where the driver drives a vehicle fitted with a control device in conformity with
Appendix 1B, he must be able to produce, whenever an inspecting officer so requests:
−
the driver card of which he is the holder and,
−
the record sheets corresponding to the same period as the one referred to in the first
indent of subparagraph (a) during which he drove a vehicle fitted with a control
device in conformity with Appendix 1.
(c)
An authorized inspecting officer may check compliance with the Agreement by
analysis of the record sheets, of the displayed or printed data which have been recorded by the
control device or by the driver card or, failing this, by analysis of any other supporting document
that justifies non-compliance with a provision, such as those laid down in article 13 (2) and (3).
8.
It shall be forbidden to falsify, suppress or destroy data recorded on the record sheet, stored
in the control device or on the driver card, or print-outs from the control device as defined in
Appendix 1B. The same applies to any manipulation of the control device, record sheet or driver
31
card which may result in data and/or printed information being falsified, suppressed or destroyed.
No device which could be used to carry out the manipulations mentioned shall be present on the
vehicle.
Article 13
1.
In the event of breakdown or faulty operation of the control device, the employer shall have
it repaired by an approved fitter or workshop, as soon as circumstances permit.
If the vehicle is unable to return to the premises within a period of one week calculated from
the day of the break-down or of the discovery of defective operation, the repair shall be carried out
en route.
Measures taken by the Contracting Parties may give the competent authorities power to
prohibit the use of the vehicle in cases where breakdown or faulty operation has not been put right as
provided in the foregoing subparagraphs.
2.
While the device is unserviceable or malfunctioning, drivers shall mark on the record sheet
or sheets, or on a temporary sheet to be attached to the record sheet or to the driver card, on which
he shall enter data enabling him to be identified (name and number of his driving licence or name
and number of his driver card), including his signature, all information for the various periods of
time which are no longer recorded or printed out correctly by the control device.
If a driver card is damaged, malfunctions or is lost or stolen, the driver shall, at the end of his
journey, print out the information relating to the periods of time recorded by the control device and
mark on that document the details that enable him to be identified (name and number of his driving
licence or name and number of his driver card), including his signature.
3.
If a driver card is damaged or if it malfunctions, the driver shall return it to the competent
authority of the Contracting Party in which he has his normal residence. Theft of the driver card
shall be the subject of a formal declaration to the competent authorities of the State where the theft
occurred.
Loss of the driver card must be reported in a formal declaration to the competent authorities
of the Contracting Party that issued it and to the competent authorities of the Contracting Party of
normal residence where they are different.
The driver may continue to drive without a driver card for a maximum period of 15 calendar
days or for a longer period if this is necessary for the vehicle to return to its premises, provided he
can prove the impossibility of producing or using the card during this period.
Where the authorities of the Contracting Party in which the driver has his normal residence
are different from those which issued his card and where the latter are requested to renew, replace or
exchange the driver card, they shall inform the authorities which issued the old card of the precise
reasons for its renewal, replacement or exchange.
Article 14
1.
Pursuant to article 13, paragraph 2 (b) of the Agreement, drivers who are driving a vehicle
32
registered in a Contracting Party and to whom the competent authorities have not yet been able to
issue the driver cards and who, during the transitional period referred to in paragraph 1 of this
article, drive in international traffic with a vehicle fitted with a digital control device in accordance
with Appendix 1B to the Annex, must be able to produce, whenever an inspecting officer so
requests, the printouts and/or the record sheets for the current week and, in any event, the printout
and/or record sheet for the last day on which he drove during the previous week.
2.
Paragraph 1 does not apply to drivers of vehicles registered in a country where it is
obligatory to use a driver card. However, drivers shall produce printouts whenever an inspecting
officer so requests.
3.
The printouts referred to in paragraph 1 shall be marked with the details that enable the
drivers to be identified (name and number of the driving licence), including their signature.”
33
30
Annex - Appendix 1
REQUIREMENTS FOR CONSTRUCTION, TESTING,
INSTALLATION AND INSPECTION
I. DEFINITIONS
In this appendix
(a)
“control device” means equipment intended for installation in road vehicles to show
and record automatically or semi-automatically details of the movement of those vehicles and of
certain working periods of their drivers;
(b)
“record sheet” means a sheet designed to accept and retain recorded data, to be
placed in the control device and on which the marking devices of the latter inscribe a continuous
record of the information to be recorded;
(c)
“constant of the control device” means the numerical characteristic giving the value
of the input signal required to show and record a distance travelled of 1 kilometre; this constant must
be expressed either in revolutions per kilometre (k = ... rev/km), or in impulses per kilometre (k = ...
imp/km);
(d)
“characteristic coefficient of the vehicle” means the numerical characteristic giving
the value of the output signal emitted by the part of the vehicle linking it with the control device
(gearbox output shaft or axle) while the vehicle travels a distance of one measured kilometre under
normal test conditions (see chapter VI, paragraph 4 of this appendix). The characteristic coefficient
is expressed either in revolutions per kilometre (W = rev/km) or in impulses per kilometre (W = ...
imp/km);
(e)
“effective circumference of wheel tyres” means the average of the distances travelled
by the several wheels moving the vehicle (driving wheels) in the course of one complete rotation.
The measurement of these distances must be made under normal test conditions (see chapter VI,
paragraph 4 of this appendix) and is expressed in the form: 1 = ... mm.
II. GENERAL CHARACTERISTICS AND FUNCTIONS OF CONTROL DEVICE
The control device must be able to record the following:
1.
distance travelled by the vehicle;
2.
speed of the vehicle;
3.
driving time;
4.
other periods of work or of availability;
30 Modified by amendment 2.
34
5.
breaks from work and daily rest periods;
6.
opening of the case containing the record sheet;
7.
for electronic control device which is device operating by signals transmitted
electrically from the distance and speed sensor, any interruption exceeding
100 milliseconds in the power supply of the recording equipment (except lighting),
in the power supply of the distance and speed sensor and any interruption in the
signal lead to the distance and speed sensor.
For vehicles used by two drivers the control device must be capable of recording
simultaneously but distinctly and on two separate sheets details of the periods listed under 3, 4
and 5.
III. CONSTRUCTION REQUIREMENTS FOR CONTROL DEVICE
A.
1.
GENERAL POINTS
Control device shall include the following:
(a)
(b)
(c)
Visual instruments showing:
-
distance travelled (distance recorder),
-
speed (speedometer),
-
time (clock).
Recording instruments comprising:
-
a recorder of the distance travelled,
-
a speed recorder,
-
one or more time recorders satisfying the requirements laid down in
chapter III C 4.
A means of marking showing on the record sheet individually:
-
each opening of the case containing that sheet,
-
for electronic control device, as defined in point 7 of chapter II, any
interruption exceeding 100 milliseconds in the power supply of the control
device (except lighting), not later than at switching-on the power supply
again,
-
for electronic control device, as defined in point 7 of chapter II, any
interruption exceeding 100 milliseconds in the power supply of the distance
35
and speed sensor and any interruption in the signal lead to the distance and
speed sensor.
2.
Any inclusion of the equipment of devices additional to those listed above must not interfere
with the proper operation of the mandatory devices or with the reading of them.
The control device must be submitted for approval complete with any such additional
devices.
3.
Materials
(a)
All the constituent parts of the control device must be made of materials with
sufficient stability and mechanical strength and stable electrical and magnetic characteristics.
(b)
Any modification in a constituent part of the control device or in the nature of the
materials used for its manufacture must, before being applied in manufacture, be submitted for
approval to the authority which granted type-approval for the control device.
4.
Measurement of distance travelled
The distances travelled may be measured and recorded either:
-
so as to include both forward and reverse movement, or
-
so as to include only forward movement.
Any recording of reversing movements must on no account affect the clarity and accuracy of
the other recordings.
5.
Measurement of speed
(a)
The range of speed measurement shall be as stated in the type-approval certificate.
(b)
The natural frequency and the damping of the measuring device must be such that the
instruments showing and recording the speed can, within the range of measurement, follow
acceleration changes of up to 2 m/s2, within the limits of accepted tolerances.
6.
Measurement of time (clock)
(a)
The control of the mechanism for resetting the clock must be located inside a case
containing the record sheet; each opening of that case must be automatically recorded on the record
sheet.
(b)
If the forward movement mechanism of the record sheet is controlled by the clock,
the period during which the latter will run correctly after being fully wound must be greater by at
least 10% than the recording period corresponding to the maximum sheet-load of the equipment.
7.
Lighting and protection
36
(a)
The visual instruments of the control device must be provided with adequate nondazzling lighting.
(b)
For normal conditions of use, all the internal parts of the control device must be
protected against damp and dust. In addition they must be made proof against tampering by means
of casings capable of being sealed.
B.
1.
VISUAL INSTRUMENTS
Distance travelled indicator (distance recorder)
(a)
The value of the smallest grading on the control device showing distance travelled
must be 0.1 kilometres. Figures showing hectometres must be clearly distinguishable from those
showing whole kilometres.
(b)
The figures on the distance recorder must be clearly legible and must have an
apparent height of at least 4 mm.
(c)
2.
The distance recorder must be capable of reading up to at least 99,999.9 kilometres.
Speed indicators (speedometer)
(a)
Within the range of measurement, the speed scale must be uniformly graduated by 1,
2, 5 or 10 kilometres per hour. The value of a speed graduation (space between two successive
marks) must not exceed 10% of the maximum speed shown on the scale.
(b)
The range indicated beyond that measured need not be marked by figures.
(c)
The length of each space on the scale representing a speed difference of 10 kilometres
per hour must not be less than 10 millimetres.
(d)
On an indicator with a needle, the distance between the needle and the control device
face must not exceed 3 millimetres.
3.
Time indicator (clock)
The time indicator must be visible from outside control device and give a clear, plain and
unambiguous reading.
C.
1.
RECORDING INSTRUMENTS
General points
(a)
All equipment, whatever the form of the record sheet (strip or disc) must be provided
with a mark enabling the record sheet to be inserted correctly, in such a way as to ensure that the
time shown by the clock and the time-marking on the sheet correspond.
(b)
The mechanism moving the record sheet must be such as to ensure that the latter
moves without play and can be freely inserted and removed.
37
(c)
For record sheets in disc form, the forward movement device must be controlled by
the clock mechanism. In this case, the rotating movement of the sheet must be continuous and
uniform, with a minimum speed of 7 millimetres per hour measured at the inner border of the ring
marking the edge of the speed recording area.
In equipment of the strip type, where the forward movement device of the sheets is
controlled by the clock mechanism the speed of rectilinear forward movement must be at least
10 millimetres per hour.
(d)
Recording of the distance travelled, of the speed of the vehicle and of any opening of
the case containing the record sheet or sheets must be automatic.
2.
Recording distance travelled
(a)
Every kilometre of distance travelled must be represented on the record by a variation
of at least 1 millimetre on the corresponding coordinate.
(b)
Even at speeds reaching the upper limit of the range of measurement, the record of
distances must still be clearly legible.
3.
Recording speed
(a)
Whatever the form of the record sheet, the speed recording stylus must normally
move in a straight line and at right angles to the direction of travel of the record sheet.
However, the movement of the stylus may be curvilinear, provided the following conditions
are satisfied:
-
the trace drawn by the stylus must be perpendicular to the average circumference
(in the case of sheets in disc form) or to the axis (in the case of sheets in strip form)
of the area reserved for speed recording,
-
the ratio between the radius of curvature of the trace drawn by the stylus and the
width of the area reserved for speed recording must be not less than 2.4 to 1
whatever the form of the record sheet,
-
the markings on the timescale must cross the recording area in a curve of the same
radius as the trace drawn by the stylus. The spaces between the markings on the
timescale must represent a period not exceeding one hour.
(b)
Each variation in speed of 10 kilometres per hour must be represented on the record
by a variation of at least 1.5 millimetres on the corresponding coordinate.
4.
Recording time
(a)
Control device must be so constructed that the period of driving time is always
recorded automatically and that it is possible, through the operation where necessary of a switch
device to record separately the other periods of time as follows:
38
(i)
under the sign
(ii)
under the sign
: all other periods of work;
(iii)
under the sign
: other periods of availability, namely:
(iv)
: driving time;
-
waiting time, i.e. the period during which drivers need remain at their
posts only for the purpose of answering any calls to start or resume
driving or to carry out other work,
-
time spent beside the driver while the vehicle is in motion,
-
time spent on a bunk while the vehicle is in motion;
under the sign
:breaks in work and daily rest periods.
Each Contracting Party may permit all the periods referred to in subparagraphs (ii) and (iii)
above to be recorded under the sign
on the record sheets used on vehicles registered in its
territory.
(b)
It must be possible, from the characteristics of the traces, their relative positions and
if necessary the signs laid down in paragraph 4 (a) to distinguish clearly between the various periods
of time.
The various periods of time should be differentiated from one another on the record by
differences in the thickness of the relevant traces, or by any other system of at least equal
effectiveness from the point of view of legibility and ease of interpretation of the record.
(c)
In the case of vehicles with a crew consisting of more than one driver, the recordings
provided for in paragraph 4 (a) must be made on two separate sheets, each sheet being allocated to
one driver. In this case, the forward movement of the separate sheets must be effected either by a
single mechanism or by separate synchronized mechanisms.
D.
CLOSING DEVICE
1.
The case containing the record sheet or sheets and the control of the mechanism for resetting
the clock must be provided with a lock.
2.
Each opening of the case containing the record sheet or sheets and the control of the
mechanism for resetting the clock must be automatically recorded on the sheet or sheets.
E.
1.
MARKINGS
The following markings must appear on the instrument face of the control device:
-
Close to the figure shown by the distance recorder, the unit of measurement of
distance, indicated by the abbreviation “km”,
-
near the speed scale, the marking “km/h”,
39
-
the measurement range of the speedometer in the form “Vmin ... km/h, Vmax ...
km/h”. This marking is not necessary if it is shown on the descriptive plaque of the
equipment.
However, these requirements shall not apply to control devices approved before
10 August 1970.
2.
The descriptive plaque must be built into the equipment and must show the following
markings, which must be visible on the control device when installed:
-
name and address of the manufacturer of the equipment,
-
manufacturer's number and year of construction,
-
approval mark for the control device type,
-
the constant of the equipment in the form “k = ... rev/km” or “k = ... imp/km”,
-
optionally, the range of speed measurement, in the form indicated in point 1,
-
should the sensitivity of the instrument to the angle of inclination be capable of
affecting the readings given by the equipment beyond the permitted tolerances, the
permissible angle expressed as:
where α is the angle measured from the horizontal position of the front face
(fitted the right way up) of the equipment for which the instrument is calibrated,
while β and γ represent respectively the maximum permissible upward and
downward deviations from the angle of calibration α.
F.
1.
MAXIMUM TOLERANCES (VISUAL AND RECORDING
INSTRUMENTS)
On the test bench before installation:
(a)
distance travelled:
1% more or less than the real distance, where the distance is at least 1 kilometre;
(b)
speed:
3 km/h more or less than the real speed;
40
(c)
time:
two minutes per day with a maximum of 10 minutes per 7 days in cases where the
running period of the clock after rewinding is not less than that period.
2.
On installation:
(a)
distance travelled:
2% more or less than the real distance, where that distance is at least 1 kilometre;
(b)
speed:
4 km/h more or less than real speed;
(c)
time:
two minutes per day, or
10 minutes per seven days.
3.
In use:
(a)
distance travelled:
4% more or less than the real distance, where that distance is at least 1 kilometre;
(b)
speed:
6 km/h more or less than the real speed;
(c)
time:
two minutes per day, or
10 minutes per seven days
4.
The maximum tolerances set out in paragraphs 1, 2 and 3 are valid for temperatures between
0 and 40 C, temperatures being taken in close proximity to the equipment.
5.
Measurement of the maximum tolerances set out in paragraphs 2 and 3 shall take place under
the conditions laid down in Chapter VI.
IV. RECORD SHEETS
A.
GENERAL POINTS
1.
The record sheets must be such that they do not impede the normal functioning of the
instrument and that the records which they contain are indelible and easily legible and identifiable.
41
The record sheets must retain their dimensions and any records made on them under normal
conditions of humidity and temperature.
In addition it must be possible by each crew member to enter on the sheets, without
damaging them and without affecting the legibility of the recordings, the following information:
(a)
(b)
use ends;
on beginning to use the sheet - his surname and first name;
the date and place where use of the sheet begins and the date and place where such
(c)
the registration number of each vehicle to which he is assigned, both at the start of the
first journey recorded on the sheet and then, in the event of a change of vehicle, during use of the
sheet;
(d)
(e)
the odometer reading:
-
at the start of the first journey recorded on the sheet,
-
at the end of the last journey recorded on the sheet,
-
in the event of a change of vehicle during a working day (reading on the
vehicle to which he was assigned and reading on the vehicle to which he is to
be assigned);
the time of any change of vehicle.
Under normal conditions of storage, the recordings must remain clearly legible for at least
one year.
2.
The minimum recording capacity of the sheets, whatever their form, must be 24 hours.
If several discs are linked together to increase the continuous recording capacity which can
be achieved without intervention by staff, the links between the various discs must be made in such a
way that there are no breaks in or overlapping of recordings at the point of transfer from one disc to
another.
B.
1.
RECORDING AREAS AND THEIR GRADUATION
The record sheets shall include the following recording areas:
-
an area exclusively reserved for data relating to speed,
-
an area exclusively reserved for data relating to distance travelled,
-
one or more areas for data relating to driving time, to other periods of work and
availability to breaks from work and to rest periods for drivers.
42
2.
The area for recording speed must be scaled off in divisions of 20 kilometres per hour or less.
The speed corresponding to each marking on the scale must be shown in figures against that
marking. The symbol “km/h” must be shown at least once within the area. The last marking on the
scale must coincide with the upper limit of the range of measurement.
3.
The area for recording distance travelled must be set out in such a way that the number of
kilometres travelled may be read without difficulty.
4.
The area or areas reserved for recording the periods referred to in point 1 must be so marked
that it is possible to distinguish clearly between the various periods of time.
C.
INFORMATION TO BE PRINTED ON THE RECORD SHEETS
Each sheet must bear, in printed form, the following information:
-
name and address or trade name of the manufacturer,
-
approval mark for the model of the sheet,
approval mark for the type or types of control devices in which the sheet may be
used,
-
upper limit of the speed measurement range, printed in kilometres per hour.
By way of minimal additional requirements, each sheet must bear, in printed form a
timescale graduated in such a way that the time may be read directly at intervals of 15 minutes while
each 5-minute interval may be determined without difficulty.
D.
FREE SPACE FOR HANDWRITTEN INSERTIONS
A free space must be provided on the sheets such that drivers may as a minimum write in the
following details:
-
surname and first name of the driver,
-
date and place where use of the sheet begins and date and place where such use ends,
-
the registration number or numbers of the vehicle or vehicles to which the driver is
assigned during the use of the sheet,
-
odometer readings from the vehicle or vehicles to which the driver is assigned during
the use of the sheet,
-
the time at which any change of vehicle takes place.
V. INSTALLATION OF CONTROL DEVICE
A.
GENERAL POINTS
43
1.
The control device must be positioned in the vehicle in such a way that the driver has a clear
view from his seat of speedometer, distance recorder and clock while at the same time all parts of
those instruments, including driving parts, are protected against accidental damage.
2.
It must be possible to adapt the constant of the control device to the characteristic coefficient
of the vehicle by means of a suitable device, to be known as an adaptor.
Vehicles with two or more rear axle ratios must be fitted with a switch device whereby these
various ratios may be automatically brought into line with the ratio for which the control device has
been adapted to the vehicle.
3.
After the control device has been checked on installation, an installation plaque shall be
affixed to the vehicle beside the device or in the device itself and in such a way as to be clearly
visible. After every inspection by an approved fitter or workshop requiring a change in the setting
of the installation itself, a new plaque must be affixed in place of the previous one.
The plaque must show at least the following details:
-
name, address or trade name of the approved fitter or workshop,
-
characteristic coefficient of the vehicle, in the form “w = ... rev/km” or
“w = ... imp/km”,
-
effective circumference of the wheel tyres in the form “1 = ... mm”,
-
the dates on which the characteristic coefficient of the vehicle was determined and
the effective measured circumference of the wheel tyres.
B.
SEALING
The following parts must be sealed:
(a)
the installation plaque, unless it is attached in such a way that it cannot be removed
without the markings thereon being destroyed;
(b)
the two ends of the link between the control device proper and the vehicle;
(c)
the adaptor itself and the point of its insertion into the circuit;
(d)
the switch mechanism for vehicles with two or more axle ratios;
(e)
the links joining the adaptor and the switch mechanism to the rest of the control
(f)
the casings required under Chapter III A 7 (b).
device;
In particular cases, further seals may be required on approval of the control device type and a
note of the positioning of these seals must be made on the approval certificate.
44
Only the seals mentioned in (b), (c) and (e) may be removed in cases of emergency; for each
occasion that these seals are broken a written statement giving the reasons for such action must be
prepared and made available to the competent authority.
VI. CHECKS AND INSPECTIONS
The Contracting Party shall nominate the bodies which shall carry out the checks and
inspections.
1.
Certification of new or repaired instruments
Every individual device, whether new or repaired, shall be certified in respect of its correct
operation and the accuracy of its readings and recordings, within the limits laid down in
Chapter III F 1, by means of sealing in accordance with Chapter V B (f).
For this purpose, the Contracting Party may stipulate an initial verification, consisting of a
check on and confirmation of the conformity of a new or repaired device with the type-approved
model and/or with the requirements of this annex and its appendices or may delegate the power to
certify to the manufacturers or to their authorized agents.
2.
Installation
When being fitted to a vehicle, the control device and the whole installation must comply
with the provisions relating to maximum tolerances laid down in Chapter III F 2.
The inspection tests shall be carried out by the approved fitter or workshop on his or its
responsibility.
3.
Periodic inspections
(a)
Periodic inspections of the control device fitted to vehicles shall take place at least
every two years and may be carried out in conjunction with roadworthiness tests of vehicles.
These inspections shall include the following checks:
-
that the control device is working correctly,
-
that the control device carries the type-approval mark,
-
that the installation plaque is affixed,
-
that the seals on the control device on the other parts of the installation are intact,
-
the actual circumference of the tyres.
(b)
An inspection to ensure compliance with the provision of Chapter III F 3 on the
maximum tolerances in use shall be carried out at least once every six years, although each
Contracting Party may stipulate a shorter interval for such inspection in respect of vehicles
registered in its territory. Such inspections must include replacement of the installation plaque.
45
4.
Measurement of errors
The measurement of errors on installation and during use shall be carried out under the
following conditions, which are to be regarded as constituting standard test conditions:
-
vehicle unladen, in normal running order,
-
tyre pressures in accordance with the manufacturer's instructions,
-
tyre wear within the limits allowed by law,
-
movement of the vehicle: the vehicle must proceed, driven by its own engine, in a
straight line and on a level surface, at a speed of 50+5 km/h; provided that it is of
comparable accuracy, the test may also be carried out on an appropriate test bench.
46
Annex-APPENDIX 1B31
Requirements for the construction, testing, installation and inspection
of the digital control device used in road transport
Article 1
Preamble
1.
As this Appendix is an adaptation of Annex IB of Council Regulation (EEC) No. 3821/85 of
20 December 1985 concerning recording equipment in the field of road transport 1, the content of
this Annex is not reproduced in the AETR because of its size and its very technical character. For
the complete official text and its subsequent amendments, Contracting Parties shall refer to the
Official Journal of the European Union.
The content of the present Appendix 1B is therefore limited to an introduction citing the
references to the relevant texts of the European Union and of the Official Journals in which they
were published and highlighting, by means of cross references, the particular points where that
Annex has had to be adapted to the context of the AETR.
2.
In order to facilitate consultation of that Annex with the adaptations made to take into
account the AETR and to allow an overall view of the text, a consolidated version of this Appendix
will be elaborated by the secretariat of the United Nations Economic Commission for Europe.
However, this version will not have any legal force. This version, elaborated in the official
languages of the UNECE, will be updated as necessary.
Article 2
Introductory provisions to Appendix 1B
1.
In accordance with paragraph 1 of article 1 above, Contracting Parties are invited, in order to
consult Annex IB, to refer to Commission Regulations No. 1360/2002 of 13 June 2002 and No.
432/2004 of 5 March 2004 (*see footnote below for the dates of their publication in the Official
Journal of the European Union), adapting for the seventh and eighth times to technical progress
Council Regulation (EEC) No. 3821/85 concerning recording equipment in the field of road
transport.
2.
2.1
For the purposes of Appendix 1B:
The terms in the left column below shall be replaced by the corresponding terms in the
right column:
31 Introduced by amendment 5.
* As amended by Council Regulation (EC) No. 2135/98 of 24 September 1998 (OJ L 274 of 9 October 1998) as well
as by Commission Regulations (EC) No. 1360/2002 of 13 June 2002 (OJ L 207 of 5 August 2002 (corrigendum OJ
L 77 of 13 March 2004)) and No. 432/2004 of 5 March 2004 (OJ L 71 of 10 March 2004).
47
Terms used in Annex IB
Terms used in the AETR
Member States
MS
Annex (IB)
Appendix
Regulation
Community
Recording equipment
(English version only)
Contracting Parties
CP
Appendix (1B)
Sub-appendix
Agreement or AETR
UNECE
Control device
(English version only)
2.2
Replaced by
References made to legal texts in the left column below shall be replaced by those in the
right column:
Legal texts of the
United Nations Economic
Commission for Europe
AETR
Legal texts of the European
Community
Council Regulation (EEC) No.
3821/85
Council Directive No. 92/23/EEC
Commission Directive No. 95/54/EC
adapting to technical progress Council
Directive 72/245/EEC
Replaced by
ECE Regulation 54
ECE Regulation 10
2.3
A list of texts or provisions for which an ECE equivalent does not exist or for which more
information is necessary appears below. These texts or information are only quoted for
reference.
2.3.1
The limit for setting the speed limitation device, as defined in I (Definitions), bb) of Annex
IB/Appendix 1B conforms to the provisions of Council Directive No. 92/6/EEC of 10
February 1992 (OJ, No. L57, 02/03/1992).
2.3.2
The measurement of distances, as defined in I (Definitions), u) of Annex IB/Appendix 1B
conforms to the provisions of Council Directive No. 97/27/EC of 22 July 1997, as last
amended (OJ, No. L 233, 25/08/1997).
2.3.3
Vehicle identification, as defined in I (Definitions), nn) of Annex IB/Appendix 1B conforms
to the provisions of Council Directive No. 76/114/EEC of 18 December 1975 (OJ, No. L 24,
30/01/1976).
2.3.4
The provisions on security shall conform with the provisions laid out in Council
Recommendation No. 95/144/EC of 7 April 1995, on common information technology
security evaluation criteria (ITSEC) (OJ, No. L 93, 26/04/1995).
2.3.5
The protection of individuals with regard to the processing of personal data and the free
movement of such data conform to the provisions of Council Directive No. 95/46/EC of 24
October 1995, as last amended (OJ, No. L 281, 23/11/1995).
48
2.4
Other provisions to be changed or deleted:
2.4.1
The content of requirement 172 is deleted and replaced by ‘Reserved’.
2.4.2
Requirement 174 is changed as follows:
‘the distinguishing sign of the Contracting Party issuing the card. The distinguishing signs of
non EU Contracting Parties are those drawn up in accordance with the 1968 Vienna
Convention on Road Traffic or the 1949 Geneva Convention on Road Traffic’.
2.4.3
The reference to the EU flag with the letters ‘MS’ meaning ‘Member State’ in requirement
178 is replaced by the letters ‘CP’ meaning ‘Contracting Party’, the flag of the non EU
Contracting Party being optional.
2.4.4
Requirement 181 is changed as follows:
‘After consulting the UN/ECE secretariat, Contracting Parties may add colours or markings,
such as security features, without prejudice to the other provisions of this Appendix’.
2.4.5
Requirement 278 is changed as follows:
‘Interoperability tests are carried out by a single competent body’.
2.4.6
Requirements 291 to 295 are deleted and replaced by ‘Reserved’.
2.4.7
In Appendix 9/Sub-appendix 9 of the AETR (Type approval - List of minimum required
tests), 1, 1-1, the introductory sentence is modified as follows:
‘The type approval procedure for the recording equipment (or component) or tachograph
card is based on:’
49
Annex - Appendix 232
APPROVAL MARK AND CERTIFICATES
I. APPROVAL MARK
1.
The approval mark shall be made up of:
A rectangle, within which shall be placed the letter “e” followed by a distinguishing number for
the country which has issued the approval in accordance with the following conventional signs:
Germany
France
Italy
Netherlands
Sweden
Belgium
Hungary
Czech Republic
Spain
Serbia
United Kingdom
Austria
Luxembourg
Switzerland
Norway
Finland
Denmark
Romania
Poland
Portugal
Russian Federation
1
2
3
4
5
6
7
8
9
10
11
12
13
14
16
17
18
19
Greece
Ireland
Croatia
Slovenia
Slovakia
Belarus
Estonia
Moldova
Bosnia-Herzegovina
Latvia
Liechtenstein
Bulgaria
Kazakhstan
Lithuania
Turkey
Turkmenistan
Azerbaijan
The former Yugoslav
Republic of Macedonia
Andorra
Uzbekistan
Ukraine
Cyprus
Malta
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
44
46
49
50
Subsequent numbers shall be assigned:
(i)
To countries Contracting Parties to the 1958 Agreement Concerning the Adoption of
Uniform Conditions of Approval and Reciprocal Recognition of Approval for Motor
32 Modified by amendments 2, 3 and 5.
50
Vehicle Equipment and Parts the same numbers as assigned to those countries by
that Agreement;
(ii)
To countries non-Contracting Parties to the 1958 Agreement - in the chronological
order in which they ratify or accede to this Agreement;
and
An approval number corresponding to the number of the approval certificate drawn
up for the prototype of the control device or the record sheet, placed at any point
within the immediate proximity of this rectangle.
Note: In order to ensure in the future conformity between conventional signs in the 1958 Agreement
and those set up in the AETR Agreement new Contracting Parties should be allocated the same
number in both Agreements.
2.
The approval mark shall be shown on the descriptive plaque of each set of control device and
on each record sheet. It must be indelible and must always remain clearly legible.
3.
The dimensions of the approval mark drawn below are expressed in millimetres, these
dimensions being minima. The ratios between the dimensions must be maintained.
7
1
2,5
1
1,5
1
1
(1)
2,5
1
(1)
2
1,5
(1)
These figures are shown for guidance only.
51
II.
APPROVAL CERTIFICATE FOR PRODUCTS IN ACCORDANCE WITH
APPENDIX 133
A Contracting Party having granted approval shall issue the applicant with an approval
certificate,the model for which is given below. When informing other Contracting Parties of
approvals issued or, if the occasion should arise, withdrawn, a Contracting Party shall use copies
of that certificate.
__________________________________________________________________________
APPROVAL CERTIFICATE
__________________________________________________________________________
Name of competent administration ........................................………………………………...
…………………………………………………………………………………………………
Notification concerning:*
approval of a type of control device
withdrawal of approval of a type of control device
approval of a model record sheet
withdrawal of approval of a record sheet
____________________________________________________________________________
Approval No. ............…………………………………………………………………………....
1.
Trade mark or name ...................................................…………………………………..
2.
Name of type of model ...............................................…………………………………..
3.
Name of manufacturer ................................................…………………………………..
4.
Address of manufacturer .............................................…………………………………..
......................................................................…………………………………………….
5.
Submitted for approval on ..........................................…………………………………..
6.
Tested at ............................................................…………………………………………
7.
Date and number of test report .......................................………………………………..
8.
Date of approval .....................................................……………………………………..
9.
Date of withdrawal of approval .......................................……………………………….
10.
Type or types of control device in which sheet is designed to be used…………………..
......................................................................…………………………………………….
11.
Place ...............................................................…………………………………………..
12.
Date ................................................................…………………………………………..
13.
Descriptive documents annexed .......................................……………………………….
......................................................................……………………………………………
___________________________________________________________________________
14.
Remarks
____________________________________________________________________________
---------------------------(Signature)
33 Title modified by amendment 5.
* Delete items not applicable
52
III. APPROVAL CERTIFICATE FOR PRODUCTS IN ACCORDANCE WITH
APPENDIX 1B 34
Once the Contracting Party has effected an approval it issues the applicant with an approval
certificate, drawn up in accordance with the model below. Contracting Parties use copies of this
document in order to communicate to other Contracting Parties approvals granted or any
withdrawals.
APPROVAL CERTIFICATE FOR PRODUCTS IN ACCORDANCE WITH APPENDIX 1B
Name of the competent administration …………………………………………………………….
Communication concerning (1):
Approval
Withdrawal of an approval
Of a control device model
Of a control device component (2) ………………………………………….
Of a driver card
Of a workshop card
Of a company card
Of an inspector’s card
1.
2.
3.
4.
5
6.
7.
8.
9.
10.
11.
12.
13.
14.
Approval No. …………………………………
Manufacturing or commercial mark………………………………………………………..
Name of model……………………………………………………………………………..
Name of manufacturer……………………………………………………………………...
Address of manufacturer……………………………………………………………………
…………………………………………………………………………………….………..
Submitted for approval on………………………………………………………………….
Test laboratory or laboratories……………………………………………………………...
Date and No. of reports……………………………………………………………………..
Date of approval…………………………………………………………………………….
Date of withdrawal of approval……………………………………………………………..
Model(s) of component(s) of control device with which the component is intended to be
used…………………………………………………………………………………………
Place………………………………………………………………………………………...
Date…………………………………………………………………………………………
Descriptive documents annexed……………………………………………………………
Remarks (including the affixing of seals if required)
……………………………………...
(Signature)
(1)
(2)
Tick the relevant boxes
Specify the component concerned in the communication
34 Introduced by amendment 5.
53
PROTOCOL OF SIGNATURE
55
PROTOCOL OF SIGNATURE
When signing the European Agreement concerning the Work of Crews of Vehicles engaged
in International Road Transport, the undersigned, duly authorized have agreed on the following:
The Contracting Parties declare that this Agreement is without prejudice to such provisions
as may, if appropriate, subsequently be drawn up in the matter of the duration and spread-over of
work.
ad article 4 of the Agreement
The provisions of article 4, paragraph 1, shall not be construed as rendering applicable,
outside the State in which the vehicle performing the transport operation is registered, any
prohibition of traffic on certain days or at certain hours which may apply in that State to certain
categories of vehicles. The provisions of article 4, paragraph 2, shall not be construed as preventing
a Contracting Party from enforcing in its territory the provisions of its domestic laws and regulations
which prohibit certain categories of vehicle traffic on certain days or at certain hours.
Every Contracting Party which, being a Party to a special agreement as referred to in
article 4, paragraph 2, of this Agreement, authorizes international transport operations beginning and
ending in the territories of the Parties to the said special agreement by vehicles registered in the
territory of a State which, being a Contracting Party to this Agreement, is not a Party to the said
special agreement may make it a condition for the conclusion of bilateral or multilateral agreements
authorizing such transport operations that the crews performing those operations shall, in the
territories of States Parties to the said special agreement, comply with the provisions of the said
special agreement.
ad article 12 of the Agreement
The undersigned undertake to discuss after the Agreement has entered into force the insertion
therein, by means of an amendment, of a clause providing for the use of a control device of approved
type which when placed on the vehicle would so far as possible replace the individual control book.
ad article 14 of the Agreement
The Contracting Parties recognize that it would be desirable for:
-
each Contracting Party to adopt the measures necessary to enable it to institute
proceedings on account of breaches of the provisions of the Agreement not only if
the breaches are committed in its territory, but also if they are committed in the
territory of another State during an international road transport operation performed
by a vehicle which the Contracting Party has registered;
-
them to afford one another assistance for the purpose of imposing penalties for
breaches committed.
56
ad annex to the Agreement
Notwithstanding paragraph 4 of the general provisions of the annex to this Agreement,
Switzerland may dispense with the requirement that employers must sign the weekly reports in the
individual control book.
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this
Protocol.
DONE at Geneva, this first day of July nineteen hundred and seventy, in a single copy, in the
English and French languages, the two texts being equally authentic.
*
*
57
*